Section 760 IAC 1-68-12 - FormsAuthority: IC 27-1-34-9
Affected: IC 4-21.5; IC 27-1-34
Sec. 12.
(a) No participation agreement or contract form, application form, certificate, rider, endorsement, summary plan description, or other evidence of coverage may be issued unless the form, and any subsequent changes to the form, has been filed with the commissioner. The form may not be used for thirty (30) days after the filing unless the commission gives written approval of the form before the expiration of thirty (30) days.(b) The commissioner may, within thirty (30) days after the filing of a form, disapprove the form if the form:(1) violates or does not comply with this rule or any applicable statute;(2) contains or incorporates by reference inconsistent, ambiguous, or misleading clauses or exceptions and conditions that deceptively affect the risk proposed to be assumed in the general coverage of the contract;(3) has any title heading or other indication of its provision that is misleading;(4) is printed or otherwise reproduced in such manner as to render any material provision of the form substantially illegible; or(5) contains any provision that is unfair, inequitable, or encourages misrepresentation.(c) A disapproval must:(2) identify the reason for the denial and provide an opportunity for a hearing on the matter.(d) The commissioner may, after notice and a hearing, withdraw approval of a form for the reasons stated in subsection (b). (e) Any final order of the commissioner under this section is a final order and subject to judicial review under IC 4-21.5-5.(f) All filings under this section shall be accompanied by the filing fee required by section 17 of this rule.Department of Insurance; 760 IAC 1-68-12; filed Apr 15, 2003, 2:20 p.m.: 26 IR 3042; readopted filed Nov 24, 2009, 9:35 a.m.: 20091223-IR-760090791RFAReadopted filed 11/20/2015, 9:25 a.m.: 20151216-IR-760150341RFAReadopted filed 11/15/2021, 8:32 a.m.: 20211215-IR-760210419RFA